 | Sir Thomas Edlyne Tomlins - 1812 - 736 Seiten
...disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease... | |
 | Nicholas Baylies - 1814 - 576 Seiten
...party is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 Seiten
...law will excuse him; but when the party, by his own contract, creates a duty or charge upon himeelf, he is bound to make it good, if he may, notwithstanding...accident by inevitable necessity, because he might save provided agaiust it by hie contract." So, in this case, there ] 799. was one accident against... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 Seiten
...case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have provided against such... | |
 | CHARLES BARTON - 1821 - 580 Seiten
...party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay... | |
 | Charles Barton - 1821 - 586 Seiten
...party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay... | |
 | Francis Ludlow Holt - 1824 - 680 Seiten
...just principles in Paradine v. Jane, (a) " That when the party by his own contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity ; because he might have provided against it by... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 Seiten
...perform it, without any act in him, and hath no remedy over, there the law will excuse him; but where a party, by his own contract, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable necessity; because he might have provided... | |
 | Thomas Platt - 1829 - 724 Seiten
...perform it without any default in him, and he has no remedy over, the law will excuse him ; but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity ; because he might have provided against... | |
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But when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident or inevitable necessity, because he might have provided against it by his contract. 
